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JustAnswerKM, Solicitor
Category: Law
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Experience:  Court of Protection, civil litigation, divorce and inheritance
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Can a trustee of a children's charity take part in a vote to

Customer Question

can a trustee of a children's charity take part in a vote to remove him from office?
Submitted: 2 years ago.
Category: Law
Expert:  JustAnswerKM replied 2 years ago.
Good afternoon Thank you for your message.Firstly you must check the charity's governing document to see what the procedure is for removing a Trustee. If the charity is a company, a Trustee can be removed as a director under the Companies At 2006 regardless of what is written in the articles of association.In response to your question, if the charity hold a 'vote of confidence' amongst the other Trustees to encourage someone to resign (essentially to remove them) then that Trustee the vote is about, shouldn't take part. This 'vote of confidence' procedure should be written into the governing document or in the charity's rules to have legal power, if not then the Trustee will not have to resign.The Ministry of Justice encourage Charities in this sort of situation whereby nothing is written in the rules about voting to remove a Trustee, to consider mediation. I hope that helps.Best of luck, Kind regards Krystel*Please rate my answer so I can be credited for it.